In Memoriam. Сборник воспоминаний, статей, иных материалов

M.B.: And when you were discussing the optional clause which the Americans back in the ’70s. If not Sweden, where would it have been? What other alternatives to Sweden where you discussing with the Americans?

S.L.: Well, I remember, I mentioned Howard Holtzmann. Unfortunately he died recently. He was my good colleague in the field of arbitration. And we discussed various propositions and opportunities. I said: “Okay, let us provide for arbitration in Budapest, in Hungary.” And he said: “No, it might be difficult, let’s provide arbitration in Vienna.” “No, let’s provide for arbitration in Sofia, in Bulgaria, or let’s provide for arbitration in Beijing,” and proposing such ideas, we understood that it would not be acceptable for the other party. So finally we came to Stockholm. But you know, I said that earlier, the difficulty was East-West. Very difficult situation politically, economically, culturally and so on, but nowadays, I hope you receive such a bulletin, which is called GAR. General Arbitration Review. They send it to me, and I hope they send it to arbitration institute and other, and they provide their information developments of international arbitration. Just very short, very short. And then, if you need more information you had to apply to them, and they will give you more information. And recently, just maybe a week ago, I received it, they send many such bulletins, and recently I found an interesting notice there, that Rosneft, that is a famous Russian company for oil transactions, said that “Nowadays, let us not agree for arbitration in countries which apply sanctions, economic sanctions against Russia. Let’s not agree for arbitration in these countries.” What to do, there is no proposition, but that is an interesting notice. Understanding that in such countries there may be some effect on impartiality of arbitrators in this respect. And so it is an important factor. We have arbitration for Russian-American contracts in Stockholm, but as to other contracts, it is important nowadays for lawyers working in certain companies to decide how to agree about arbitration at this moment. I hope the situation will change, but nowadays there is a new aspect in development of arbitration. It has been published so in that bulletin.

M.B.: How would you describe the role of Swedish arbitration in Russia today? Given that perspective.

S.L.: It is important, what is the feeling of Russian companies, who are involved in arbitration proceedings, in actual arbitration proceedings in Sweden. If there is dissatisfaction for some awards, I understand, I said of course, that here may be dissatisfaction. If I lost the case, surely I’m not satisfied. But that is not a decisive factor. Whether the award which I don’t like has been adopted according to the rules and so on, I have nothing to do. It was some fault during the performance of the contract. But if there is some ignorance of important factors when the award was made by the arbitrators, then there is another case, and if it happens once it might be not so important, but if it happens several times with different companies, then there is dissatisfaction. Dissatisfaction on the side of the Russian company or on the side of the companies from other countries who participated in that arbitration. That is an important factor. I cannot tell you exactly what is the situation right now, but it is important. I also received an information in that GAR bulletin, that recently, a Swedish award, of the Swedish arbitration institute award, has been enforced in Belarus. And I know about that case, it was a very difficult case, but nevertheless, the court of Belarus agreed to enforce that Swedish award. That is important, even Belarus party was not satisfied with that award. Nevertheless, the court had agreed to enforce that award. Maybe it will be challenged in the next judicial instance, I don’t know, but at this time, this award has been enforced.

M.B.: May I ask about China? Did you recommend Sweden as a place for arbitration to China as well? After you had decided upon Stockholm?